All terminology used in this chapter, not defined
in this section, shall be in conformity with applicable publications
of the American National Standards Institute (ANSI) or its successor
body. In addition, as used in this chapter:

Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition for or of public
or private rights-of-way, structures, utilities or similar properties.

Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Sources of impulsive sound include,
but are not limited to, explosions, drop forge impacts, bird controlling
devices (clackers) and the discharge of firearms.

Any area where a school, hospital, house, workshop, day-care
center, nursing home, public library, senior citizen center, residence
or court is located, and includes an area of potential noise disturbance.

An imaginary line along the ground surface and its vertical
extension, which line separates the real property owned by one person
from that owned by another person, but not including intra-building
real property divisions.

An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of such sound includes duration, intensity and frequency.

The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971 or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.

Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropascals.
The sound pressure level is denoted "Lp" or "SPL" and is expressed
in decibels.

In order to implement and enforce this chapter, and
for the general purpose of sound abatement and control, the Noise
Control Officer shall have, in addition to any other power vested
in him or her, the power to:

Review public and private projects, subject to mandatory
review or approval by other departments, for compliance with this
chapter, if such projects are likely to cause sound in violation of
this chapter;

Based on a suspicion of a violation of this chapter
or a complaint, and upon presentation of proper credentials, enter
and inspect any private property or place, and inspect any report
or records, at any reasonable time when granted permission by the
owner or by some other person with apparent authority to act for the
owner. When permission is refused or cannot be obtained, a search
warrant may be obtained from a court of competent jurisdiction upon
a showing of probable cause to believe that a violation of this chapter
exists. Such inspection may include administration of any necessary
tests. If the interests of the City require, the Noise Control Officer
may designate some other qualified person to conduct such inspection.

Stop any motor vehicle or motorcycle operated on a
public right-of-way or public space, which motor vehicle or motorcycle
is reasonably suspected of violating any of the provisions of this
chapter, and issue a notice of violation or abatement order which
may require the motor vehicle or motorcycle to be inspected or tested
as the Noise Control Officer may reasonably require; and

Require the owner or operator of any commercial or
industrial activity to measure the sound level from any source in
accordance with the methods and procedures and at such locations and
times as the Noise Control Officer may reasonably prescribe, and to
furnish reports of the results of such measurement to the Noise Control
Officer. The Noise Control Officer may require the measurement to
be conducted in the presence of its enforcement officials. If a property
owner or operator refuses to comply with this subsection, the sound
measurements may be made pursuant to Subsection B(6) hereof.[1]

[1]:

Editor's Note: Former Subsection C, which
governed the training of the Noise Control Officer, was repealed 10-17-2007
by Ord. No. 436.

All departments and agencies of the City shall, to
the fullest extent consistent with other law, carry out their programs
in such a manner as to further the policy of this chapter, and shall
cooperate with the Noise Control Officer in the implementation and
enforcement of this chapter.

All departments charged with new projects or changes
to existing projects that result or may result in the production of
sound shall consult with the Noise Control Officer prior to the approval
of such projects.

Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the level set forth in the following table:

No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of
maintenance, repair or replacement, any muffler or sound-dissipative
device on a motor vehicle or motorcycle.

Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for longer than three minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion,
on a public right-of-way or public space within 150 feet (46 meters)
of a residential area or designated noise-sensitive zone, between
8:00 p.m. and 8:00 a.m. of the following day.

Except as permitted in Subsection E(2) hereof, no
person shall operate or cause to be operated any recreational motorized
vehicle off a public right-of-way in such a manner that the sound
level emitted therefrom exceeds the limits set forth in the following
table at a distance of 50 feet (15 meters) or more from the path of
the vehicle when operated on a public space or at or across the boundary
of private property when operated on private property. This section
shall apply to all recreational motorized vehicles whether or not
duly licensed and registered.

No person shall operate or permit to be operated
any railroad locomotive, cars or other rolling stock or equipment
so as to cause a violation of the allowable sound levels adopted by
the United States Environmental Protection Agency.

No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unnecessary noise (noise
disturbance). Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way shall be exempt
from the operation of this section. The following acts, and the causing
thereof, are hereby declared to be in violation of this chapter.

Using or operating, for any noncommercial purpose,
any loudspeaker, public address system or similar device between 10:00
p.m. and 8:00 a.m. of the following day, such that the sound therefrom
creates a noise disturbance across a residential real property boundary.

Animals and birds. Owning, possessing or harboring
any animal or bird which, frequently or for continued duration, makes
sounds which create a noise disturbance across a residential real
property boundary.

Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials
or similar objects between 10:00 p.m. and 7:00 a.m. of the following
day in such a manner as to cause a noise disturbance across a residential
property boundary or within a noise-sensitive zone, subject to § 144-4.

Motor vehicle repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle, motorcycle or motorboat in
such a manner as to cause a noise disturbance across a residential
real property boundary.

The Noise Control Officer shall consult with the airport
proprietor to recommend changes in airport operations to minimize
any noise disturbance which the airport owner may have the authority
to control in his or her capacity as proprietor.

Nothing in this subsection shall be construed to prohibit,
restrict, penalize, enjoin or in any manner regulate the movement
of aircraft which are, in all respects, conducted in accordance with
or pursuant to applicable federal laws or regulations.

Construction. Operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work between 6:00 p.m. and 7:00 a.m. of the following day or weekdays,
or weekends, such that the sound therefrom creates a noise disturbance
across a residential real property boundary or within a noise-sensitive
zone, except for emergency work of public service utilities or by
a special variance issued pursuant to § 144-8B.

Place of public entertainment. Operating or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound in any place of public entertainment
so as to produce a maximum sound level of 50 dBA on a residential
real property boundary pursuant to § 144-4.

Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas between 8:00 p.m. and 8:00 a.m. of the following
day so as to cause a noise disturbance across a residential real property
boundary.

Burglar alarms. Sounding or permitting the sounding
of any exterior burglar alarm on any building or motor vehicle unless
such burglar alarm terminates its operation within 15 minutes of its
being activated. Any vehicle upon which a burglar alarm has been installed
shall prominently display the telephone number at which communication
may be made with the owner of such motor vehicle.

Air-conditioning and air-handling devices. The operation
of air-conditioning or air-handling devices that exceed, in residential
areas, continuous sound levels measured at the property line of 55
dBA. This subsection shall not apply if the sound from the air conditioner
or air-handling device produces less than a five dBA increase in the
sound level that exists in the absence of such sound.

Loud and raucous parties. Making, allowing, causing
or permitting any unnecessary and unreasonable noise or raucous activity
in a residence which disturbs the peace, tranquillity and good order
of the community.

Except as provided in Subsection A(2) hereof, in lieu
of issuing a notice of violation as provided in Subsection B hereof,
the Noise Control Officer responsible for enforcement may issue an
order requiring abatement of any source of sound alleged to be in
violation of this chapter within a reasonable time period and according
to guidelines which the Noise Control Officer may prescribe.